Order Details: Other Pdf Text: 1 Ad-Int Order-NM-4739-19 in SU3211-19 IN THE CITY CIVIL COURT FOR GREATER BOMBAY AT MUMBAI. ORDER ON AD INTERIM RELIEFS ON NOTICE OF MOTION NO.4739 OF 2019 (CNR no. MHCC010129592019) IN SUIT NO. 3211 OF 2019 (CNR no. MHCC010125142019) Mr. Sumanbhai Ladhubhai Rosia ] Aged : 75 years, Occupation : Business ] Residing at Flat No. B3, Wing No. B, ] Ground Floor, Kasturba Nagar CHS Ltd., ] Thakkar Bappa Colony, Chembur, Mumbai 400071. ]...…
NOTICE OF MOTION
Mr. Sumanbhai Ladhubhai RosiaVsMCGM
CNR MHCC0101295920194-COURT 04 AD-HOC JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 21st October 2023
TrustJury record updated 24 Sept 2026
Case Overview
- Registration Number
- 104739/2019
- Registration Date
- 10 Dec 2019
Advocates
2For Petitioner
For Respondent
Parties
2Petitioner
Respondent
- 1MCGM
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 11-12-2019 Business: Adv.Vincent X. D\''silva for plaintiff present and tendered original tendered registered Notice of Motion No.4739/19 with affidavit in support. Adv. Mr. S.C. Khandagale for Deft 1 /MCGM present. Adv. Sarita Dhonde for Defendant no. 2 present KB LO Partly Heard both sides. Both parties to maintain status quo till tomorrow. Adjd to 12-12-2019 for Ad-interim hearing . Next Purpose: HEARING Next Hearing Date: 12-12-2019 Date: 12-12-2019 Reason For Adjournment: court time is over Next Purpose: ORDER Next Hearing Date: 13-12-2019 Date: 13-12-2019 Business: Adv. Ms. Jayshree Randhaye h/f Adv. Sarita Donde for Defendant. no. 2 present. F.R.S.R. following order on N/M No. 4739/19 is passed - Order - Notice of Motion No. 4739/19 is partly allowed with following order - 1)Prayer Clause (a),(b),(c) and (d) of Notice of Motion are rejected. 2) In circumstances of the case, the Defendant/MCGM is restrained from taking any further action pursuant to the impugned notice except action for corrective repairs of the suit building in accordance with the provisions of Mumbai Municipal Corporation Act, 1888. LO Adv. Pravin Dhanavade for plaintiff present. Adjd to 30-01-2020 for N/M reply Next Purpose: NM REPLYREJOINDER Next Hearing Date: 30-01-2020 Date: 30-01-2020 Business: Mr. Vinod for defendant No.2 present. Adv. Dsilva for plaintiff present. None for defendant MCGM. Adjd to 31.01.2020 for NM reply by defendant No.2. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 31-01-2020 Date: 31-01-2020 Business: Plaintiff No.1 to 5 are present. Adv. D\''silva for plaintiff present. Adv. Khandagle for MCGM/DeftNo.1. present. Adv. Sarita Donde for defendant No.2 present. On oral request of advocate for Defendant No.2, adjournment granted as last chance. Defendant No.2 is directed to file reply on next date without fail. With direction to serve copy of reply to plaintiff before next date. Matter adjd to 12.02.2020 for reply/argument. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 12-02-2020 Date: 12-02-2020 Business: Matter adjd to 26.02.2020 for NM reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 26-02-2020 Date: 26-02-2020 Business: Adv. Vincent D\''Silva for plaintiff present. Adv. Khandagle for MCGM/Deft.No.1 present. Adv.Jayshree Randhiye for D-2 is present and filed reply to Nm. t.o.r. copy is served to plaintiff and D-1 MCGM. Matter adjd to 09.03.2020 for NM hrg. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 09-03-2020 Date: 09-03-2020 Business: Adv.Vishvkarma for plaintiff present. Adv. Khandagle for MCGM/Deft.No.1 present. Adv. Sarita Donde for defendant No.2 is present. KB L.O. Adv.Vincent Dsilva for plaintiff present. Matter adjd to 16.03.2020 for NM hearing. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 16-03-2020 Date: 16-03-2020 Business: Adv.Vincent Dsilva for plaintiff present. Adv. Khandagle for MCGM/Deft.No.1 present. Adv. Randhiye for defendant No.2 is present. It is requested for Adv. Randhiye, Corona emergency matter may be adjourned. Matter adjd to 03.04.2020 for NM reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 03-04-2020 Date: 03-04-2020 Reason For Adjournment: National Lock Down Next Purpose: NM REPLYREJOINDER Next Hearing Date: 17-04-2020 Date: 17-04-2020 Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No.77 of 2020 matter adjourned. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 28-05-2020 Date: 28-05-2020 Business: /home/ubuntu/Desktop/Please do careful Next Purpose: NM REPLYREJOINDER Next Hearing Date: 15-06-2020 Date: 15-06-2020 Business: Adjd to Next Purpose: NM REPLYREJOINDER Next Hearing Date: 16-10-2020 Date: 16-10-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM REPLYREJOINDER Next Hearing Date: 18-01-2021 Date: 18-01-2021 Business: Matter adjd to 26/03/2021 for NM Hearing. Next Purpose: NOTICE OF MOTION Next Hearing Date: 26-03-2021 Date: 26-03-2021 Business: As Court is on leave, hence board is discharged. Next Purpose: NOTICE OF MOTION Next Hearing Date: 11-06-2021 Date: 11-06-2021 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NOTICE OF MOTION Next Hearing Date: 13-08-2021 Date: 13-08-2021 Business: Adv Vincent X Dsilva for plaintiff present. Adv. Mrs. Tondwalkar for Defendant no.1/MCGM is present. None for defendant no.2. The advocate for plaintiff and defendant no.1 ready to argue on NM, but defendant no.2 and advocate for defendant no.2 absent today. Defendant no.2 is directed to remain present with advocate and argue the matter on next date, otherwise, matter will be proceed in their absence. Adjd. To 27/08/2021 for NM hearing. Next Purpose: NOTICE OF MOTION Next Hearing Date: 27-08-2021 Date: 27-08-2021 Business: HHJ is on leave. Next Purpose: NOTICE OF MOTION Next Hearing Date: 17-09-2021 Date: 17-09-2021 Business: Adv Sujeet Mane h/f Adv Dsilva for plaintiff present and requests for time to argue on NM. Time is granted till next date. Adv Smita Chavan h/f Adv Mrs Tondwalkar for defendant no.1/ MCGM present. None for defendant no.2. Adjd. To 27/09/2021 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 27-09-2021 Date: 27-09-2021 Business: Plaintiff is present. His advocate absent. Adv. Mrs. Tondwalkar h/f Adv D.K. Vyas for Defendant no.1/MCGM is present. None for defendant no.2. Adjd. To 27/10/2021 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 27-10-2021 Date: 27-10-2021 Business: Adv. Vincent Dsilva for Plaintiff present. Adv. Tondwalkar for Defendant No.1/MCGM present. Adv. Sarita Donde for Defendant No.2 present. Plaintiff is ready to argue NM but due to paucity of time, matter is adjd. till next date. Matter is adjd to 24/11/2021 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 24-11-2021 Date: 24-11-2021 Business: Plaintiff present. His advocate is absent. Adv. Mrs. Tondwalkar for Defendant No.1/MCGM is present. None for Defendant No.2. Matter is adjd to 07/01/2022 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 07-01-2022 Date: 07-01-2022 Business: Court is on leave. Next Purpose: NM FOR HEARING Next Hearing Date: 25-02-2022 Date: 25-02-2022 Business: Adv Vincent Dsilva for plaintiff present and requests for time to argue on NM. Time is granted till next date. Adv. Mrs. Tondwalkar for Defendant no.1/MCGM is present. None for defendant no.2. Adjd. to 09/03/2022 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 09-03-2022 Date: 09-03-2022 Business: None for plaintiff. Adv Mrs Tondwalkar for defendant / MCGM is present. Today matter is kept for NM hearing. Neither plaintiff nor his advocate present today to argue on NM. But last chance is granted to the plaintiff to argue on NM. On next date, if plaintiff fails to argue NM, NM will be dismissed for want of prosecution. Adjd. To 04/04/2022 for NM hearing / NM dismissal. Next Purpose: NM FOR HEARING Next Hearing Date: 04-04-2022 Date: 04-04-2022 Business: HHJ is on leave Next Purpose: NM FOR HEARING Next Hearing Date: 13-04-2022 Date: 13-04-2022 Business: None for plaintiff. Adv Mrs Tondwalkar for defendant / MCGM is present. K.B. L.O. Adv Vincent Dsilva for plaintiff present. Adv Mrs Tondwalkar for defendant / MCGM is present. Due to paucity of time, matter is adjourned till next date. Adjd. To 27/04/2022 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 27-04-2022 Date: 27-04-2022 Business: Adv. D\''silva for Plaintiff present. Adv Mrs Tondwalkar for defendant no.1/ MCGM is present. None for Defendant No.2. Adjd. to 24/06/2022/2022 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 24-06-2022 Date: 24-06-2022 Business: None for plaintiff. Adv. Mrs. Tondwalkar for defendant No. 1/ MCGM is present. None for deft. No. 2. Adjd. to 10/08/2022 for N/M hrg. Next Purpose: NM FOR HEARING Next Hearing Date: 10-08-2022 Date: 10-08-2022 Business: None for plaintiff. Adv. Mrs. Tondwalkar for defendant No. 1/ BMC is present. Adv. Sarita Dhonde for deft. No. 2 is absent. Adjd. to 16/09/2022 for N/M dismissal. Next Purpose: NM FOR DISMISSAL Next Hearing Date: 16-09-2022 Date: 16-09-2022 Business: Adv. H. D''silva h.f. Adv. Vincent D''silva for plaintiff present and and requested for time to argue on NM. Time is granted till next date. Adv. Mrs. Tondwalkar for defendant No. 1/ BMC is present. Adv. None for D/2. Adjd. to 04/11/2022 for N/M dismissal. Next Purpose: NM FOR DISMISSAL Next Hearing Date: 04-11-2022 Date: 04-11-2022 Business: P.O. is on leave. Next Purpose: NM FOR DISMISSAL Next Hearing Date: 25-11-2022 Date: 25-11-2022 Business: As Court is busy in hearing High Court time bound N/M No.2201/2019 in Suit No.1414/2019. Hence, matter is adjourned. Adjd. to 11/01/2023 for N/M dismissal. Next Purpose: NM FOR DISMISSAL Next Hearing Date: 11-01-2023 Date: 11-01-2023 Business: None for plaintiff. Adv. Mrs. Tondwalkar for defendant/ BMC is present. On previous date matter was adjourned for dismissal of N/M, as none present for plaintiff. Adjd. to 30/01/2023 for N/M dismissal. Next Purpose: NM FOR DISMISSAL Next Hearing Date: 30-01-2023 Date: 30-01-2023 Business: None for plaintiff. Adv. Mrs. Chavan h/f Adv. Mrs. Tondwalkar for defendant No.1/ BMC is present. None for defendant No.2. Adjd. to 05/04/2023 for N/M dismissal. Next Purpose: NM FOR DISMISSAL Next Hearing Date: 05-04-2023 Date: 05-04-2023 Business: Plaintiff present and filed application to provide free of cost advocate from the State Legal Aid panel TOR and it is marked as Exh-6. O- Application be sent to DLSA, Mumbai. Adv. Mr. Suryavanshi for defendant no. 1/ BMC is present. Adv. Sarita Donde for defendant no.2 is present. Adjd. to 05/07/2023 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 05-07-2023 Date: 05-07-2023 Business: P O Court is on leave Next Purpose: NM FOR HEARING Next Hearing Date: 09-08-2023 Date: 09-08-2023 Business: Plaintiff present and his Advocate is absent and seeks time to argue NM. Granted. Advocate Mhatre h/f Suryavanshi for defendant/BMC present. Adjd to 11.10.2023 for NM Hearing Next Purpose: NM FOR HEARING Next Hearing Date: 11-10-2023 Date: 11-10-2023 Business: None present for plaintiff Advocate Mhatre h/f Suryavanshi for defendant/BMC present. Matter is today posted for NM hearing but none present for plaintiff. Hence matter kept for dismissal of NM. Adjd to 21.10.2023 for dismissal of NM. Next Purpose: NM FOR DISMISSAL Next Hearing Date: 21-10-2023 Date: 21-10-2023 Business: None for plaintiff Adv. Mhatre h/f. suryavanshi for defendant No.1/BMC present. None for D/2 N/M is of 2019 and kept today for dismissal. Today, none for plaintiff. However, it appears that by order dated 13/12/2019 on ad-interim relief N/M No.4739/2019 is partly allowed and thereafter matter is kept for reply. Thereafter the matter was adjourned for hrg. on N/M after filing reply by D/2 and adjourned on request of adv. for plaintiff Mr. Vincent D’silva for hearing on N/M. However, the plaintiff and his adv. is not present hence matter is kept for dismissal of N/M. However, today none for plaintiff, hence N/M. No.4739/2019 is dismissed for want of prosecution. Adjd. to 10/1/2024 No Written Statement order. Nature Of Disposal: DISMISSED IN DEFAULT Disposal Date: 21-10-2023
Additional Case Details
Additional Case Details
Filing Number: 113739/2019 Filing Date: 10-12-2019 First Hearing Date: 11th December 2019 Decision Date: 21st October 2023 Court Number And Judge: 4-COURT 04 AD-HOC JUDGE
Orders
3Final Order 221 Oct 2023
21 Oct 2023
Order Details: Other Pdf Text: 21/10/2023 Suit No. 3211/2019 CORAM : H. H. J. SHRI S. H. SALUNKHE ( C.R. No. 04 ) None for plaintiff Adv. Mhatre h/f. suryavanshi for defendant No.1/BMC present. None for D/2 N/M is of 2019 and kept today for dismissal. Today, none for plaintiff. However, it appears that by order dated 13/12/2019 on ad-interim relief N/M No.4739/2019 is partly allowed and thereafter matter is kept for reply. Thereafter the matter was adjourned for hrg. on N/M after filing reply by D/2 and adjourned on request of adv. for plaintiff Mr. Vincent D’silva for hearing on N/M. However, the plaintiff and his adv. is not present hence matter is kept for dismissal of N/M. However, today none for plaintiff, hence N/M. No.4739/2019 is dismissed for want of prosecution. Adjd. to 10/1/2024 No Written Statement order. Judge -- 1 of 1 --
Interim Order 1Full order available
13 Dec 2019
Order 1Full order available
13 Dec 2019
Order Details: Other Pdf Text: 1 Ad-Int Order-NM-4739-19 in SU3211-19 IN THE CITY CIVIL COURT FOR GREATER BOMBAY AT MUMBAI. ORDER ON AD INTERIM RELIEFS ON NOTICE OF MOTION NO.4739 OF 2019 (CNR no. MHCC010129592019) IN SUIT NO. 3211 OF 2019 (CNR no. MHCC010125142019) Mr. Sumanbhai Ladhubhai Rosia ] Aged : 75 years, Occupation : Business ] Residing at Flat No. B3, Wing No. B, ] Ground Floor, Kasturba Nagar CHS Ltd., ] Thakkar Bappa Colony, Chembur, Mumbai 400071. ]...…
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